Cabinet backs Constitutional Bill to extend Mnangagwa's rule till 2030

Zimbabwe's Cabinet on Tuesday approved draft legislation proposing sweeping constitutional amendments, including extending presidential terms from five years to seven and altering the method of electing the Head of State.

If enacted, the changes would allow President Emmerson Mnangagwa, 83, to remain in office until 2030. He is currently due to step down in 2028 after serving two five-year terms.

Justice Minister Ziyambi Ziyambi told a news briefing that the Bill would now be transmitted to the Speaker of Parliament and published in the Government Gazette before being tabled for debate.

Among the key proposals is a shift from direct popular election of the president to an indirect system in which Parliament elects the Head of State. Under the draft, a candidate would need to secure a majority of parliamentary votes to assume office.

The Bill also proposes increasing the term of office for both the president and Members of Parliament from five to seven years.

On presidential succession, the amendments would remove the automatic elevation of a vice president in the event of a vacancy. Instead, Parliament would elect a new president within a specified period following the death, resignation or removal of an incumbent.

The draft further stipulates that any person appointed as Attorney General must meet the qualifications required of a Supreme Court judge.

In addition, the number of senators would increase from 80 to 90, with the president granted authority to appoint 10 additional members.

Significant changes are also proposed in the administration of elections. Responsibility for voter registration and management of the voters' roll would shift from the Zimbabwe Electoral Commission (ZEC) to the Registrar General. A new Zimbabwe Electoral Delimitation Commission would be established to assume the task of drawing constituency and ward boundaries from ZEC.

The Bill proposes removing the public interview process for judicial appointments, marking a departure from the current system that subjects candidates to open scrutiny.

Amendments would also alter the constitutional description of the role of the Defence Forces. Instead of stating that the military must "uphold" the constitution, the revised wording would require it to act "in accordance with" the constitution.

The draft legislation abolishes the Zimbabwe Gender Commission, transferring its functions to the Zimbabwe Human Rights Commission. The National Peace and Reconciliation Commission would also be dissolved.

Another proposed amendment would remove the current prohibition on traditional leaders engaging in partisan politics. A memorandum accompanying the Bill argues that barring chiefs and village heads from political activity infringes on their political rights.

The proposed changes come amid an ongoing succession debate within the ruling Zanu PF party. President Mnangagwa assumed office in 2017 following a military intervention that led to the resignation of long-time leader Robert Mugabe.

The proposals have drawn swift criticism from lawyers and opposition figures.

Prominent lawyer Thabani Mpofu said the ruling party was effectively attempting to replace the constitution without broad public participation or a referendum.

"Zanu PF is not seeking to amend the constitution; it is attempting to introduce an entirely new constitution outside people participation and a referendum – a step it plainly has no right to take," Mpofu said.

"A constitution is enacted by the people as a whole, not by a single political party or faction. Parliament's law-making power is confined to legislating for the peace, order, and good governance of the country. Replacing the constitution exceeds that mandate and undermines this constitutional principle."

Jameson Timba, a former opposition senator, described Cabinet's approval of the amendments as "politically destabilising" and said a coalition known as the Defend the Constitution Platform would consult lawyers and engage regional and international partners in opposition to the changes.

University of Zimbabwe constitutional law lecturer Professor Lovemore Madhuku also rejected the proposals.

"The attempts to amend the constitution to extend the president's term will be fought and defeated," he said.

"The proposed constitutional amendments are totally unacceptable. The movers of these proposals have no respect for the people. The NCA party and I will be counted among those who will be at the forefront of mobilising for the total rejection of these proposals."

Zanu PF, which has governed Zimbabwe since independence in 1980, holds a two-thirds majority in the National Assembly and exerts overwhelming control in the Senate through traditional leaders and other aligned members, giving it the numbers required to amend the constitution.

Minister Ziyambi has stated publicly that the proposed changes would not require a referendum, a position that critics say is likely to face legal challenges in the courts.